increasing judges' salaries. On the other hand, the implementation of the most important reforms in
the field of justice is dragging on, often because of the lack of political will.
Also, another study "Analysis of the gender dimension in the justice sector in the Republic of
Moldova", launched by the Legal Resources Centre from Moldova20 assessed the situation of
gender equality in the justice system in Moldova. The conclusion of the study is that, although at
first sight there is equality in terms of the presence of women as actors in the justice system of the
Republic of Moldova, women are not proportionally represented in leadership positions.
The People's Advocate submitted to the Ministry of Justice some proposals for improving the
Enforcement Code, in the part related to the disciplinary sanctions applied to the convicts.
The first aspect refers to the controversy generated by paragraph (10) of Art. 247 of the
Enforcement Code: ,, The prisoner in disciplinary isolation is prohibited to meet, except for the
visits of the defense counsel, the persons with official qualities provided in Art.181 paragraph (1) of
this code or of the diplomatic representatives, telephone conversations, food procurement, receipt
of parcels, packages with supplies and wrappers.”
Analyzing the provisions in question in the light of international standards, including the
reports of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment and
Punishment, we found that the prisoner in disciplinary isolation in addition to the main sanction are
categorically and cumulatively imposed all educational measures as additional sanctions: lack of
meetings (except for the visits of officials provided by law), telephone conversations, food
procurement, receipt of parcels, packages with supplies. In the opinion of the People's Advocate,
this fact contradicts the principle of proportionality, as well as the CPT's recommendations. The
simultaneous maintenance of all these restrictions could not always be justified, especially in the
case of food procurement / receipt of parcels or packages with supplies, given the circumstances in
which the detainees' feeding is poor.
Therefore, the People's Advocate recommended to the Ministry of Justice the initiation of the
procedure for amending the provisions of paragraph (10) of Art. 247 of the Enforcement Code by
replacing the phrase "are prohibited" with the phrase "may be prohibited", which would allow the
application of the discretion of the head of the penitentiary, based on the gravity of the act
committed, as well as the alternative application of educational measures within the framework of
disciplinary isolation.
20
http://crjm.org/wp-content/uploads/2019/10/Raport_Analiza-dimensiunii-de-gen_finalweb.pdf
12
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